Terms and Conditions

Terms and Conditions of biz4d
(Version: Aug. 2011)

Biz4d, owned by Eleonore Wall, Alte Mainzer Gasse 51, Frankfurt, Germany operates under the URL www.biz4d.com. Its purpose is to match mentees with mentors.

The terms and conditions are provided in German and English language. In case of deviations in the translation, the German version is binding.

For the purpose of this document, the word “members” is used to indicate mentors and mentees alike who are registered to the biz4d website and are enabled to access the “member’s area” of the platform.

A mentoring agreement will be entered into only between each mentor and the mentee undertaking the mentoring programme, whereas biz4d merely acts as an intermediary. The use of the platform shall be governed by these terms and conditions. Further rights and obligations might derive from separate agreements with biz4d, if any, for example for the consulting and support services during the mentoring process.

The website is accessible to anyone having an internet connection. However, only registered members (mentors and mentees alike) can access the member’s area of the platform after registration is completed.

Both mentors and mentees must allow for the following terms and conditions as presented below.

I. Scope of application and amendments

  1. These terms and conditions for the use of the platform www.biz4d.com shall exclusively apply to all members. Any terms and conditions diverging from or opposed to these terms and conditions of use shall not apply unless approved in writing by biz4d in the particular case.

  2. Biz4d reserves the right to amend these terms and conditions of use at any time without stating any reasons. In the case of an amendment, a publication or notification will be placed on the platform.

II. Contents and availability of the platform

  1. Biz4d shall have the right to modify, complement or remove any and all sections of the platform at its sole discretion.

  2. Technical disruptions of the power supply and/or transmission network, hardware/software failures, shortages in capacity, security- or service-related interruptions may restrict the availability of the platform. Biz4d offers no warranty and assumes no liability for that the platform is at all times fully usable.

III. Registration

  1. Registration requirements
    Only persons who are aged over 16 years are eligible for registration. There exists no claim to be accepted for registration.

  2. Requested data
    Persons wishing to become members are required to complete a registration form in order to register. They will be asked to provide a user name, as well as their first name, last name and an email address. Information that is marked mandatory must be provided. Members must agree to the terms and conditions. Without such consent the registration is deemed incomplete and will thus be refused. Once registered, members are required to complete their personal profile in detail and to upload their picture.
    Members shall truthfully provide the data required for the registration. Biz4d reserves the right to bar members whose data are incomplete or obviously wrong, as well as members who have registered by circumventing the form by technical means. If the data requested change after registration, members shall be obliged to notify any such changes without delay.

  3. User name and password
    Members’ user name and password are not transferable to third parties. In particular, members are advised to change their password at regular intervals so as to minimize the risk of unauthorized third party access.

  4. Registration procedure
    In order to register both mentors and mentees will need to provide a user name and their email address along with their first name and last name. Members will then receive an email providing a one time login link. Simultaneously clicking on the log-in link, the account will be activated, allowing them to immediately use the platform. Transmission of the access data is deemed the acceptance of the application for registration. Members, at this point, will be able to choose their password as well as complete their personal profile in detail and upload their picture.

Accounts, where email-addresses have not been confirmed or the profile remains empty for more than one month, may be deleted by biz4d.

IV. Conclusion of the contract for the mentoring programme

  1. Procedure
    Upon the registration with the platform, the mentee can view short profiles of the potential mentors. In order for the acquisition of the mentoring programme and viewing the complete profiles of the mentors the mentee has to pay the fee established on the website. Upon payment of the fee, the mentee can view the complete profiles of the mentors and can send an application to the mentor requesting mentoring. In case there is no contact with a mentor within the period of one year and biz4d could not provide adequate suggestions, the mentee can reclaim the fee. This entitlement is obsolete when a mentor has been contacted.

  2. Duration of the mentoring programme
    The duration of the mentoring programme goes by the minimum requirement of sessions the mentor has to provide to the mentee (7 sessions minimum lasting between 45 minutes and 2 hours each). The number of 7 sessions is only a minimum requirement, it is by all means possible that the mentoring programme lasts an additional number of sessions. If the mentor abandons the mentoring programme before the required number of sessions without wrongdoing of the mentee (see paragraph V. 2. and 3.), the mentee has the entitlement to a new mentor for the remaining number of sessions. In case the mentee is not satisfied with the counselling of the mentor, it is the mentee’s responsibility to communicate this to biz4d at an early stage in the mentoring process.

  3. Revocation of the contract (only valid for consumers, not for business clients)
    The mentee can revoke the declaration of intent to conclude the contract without stating reasons within 2 weeks in writing e.g. letter, fax or e-mail. The period commences at the earliest on the receipt of this instruction. Sending the revocation within the time limit shall be sufficient to amount to compliance to the revocation period.

  4. Access to the profiles
    The member’s area of the platform is accessible to all members registered with the website and is not limited to any period. Mentors and mentees alike can access their profiles any time as they wish after registration is made. However, on the mentee’s side, access to full mentors’ profiles is limited to the period payment has been made for (until the match has bees put into action and the mentoring process started). The access period to the full mentors profile can be prolonged by respective payment.

  5. Scholarship
    Mentees have the possibility to be awarded our scholarship, in the case a suitable company decides to sponsor them and pay the mentor matching fee for them. Please note that no one has a legal right to get access to our scholarship. Suitable candidates to the biz4d scholarship programme will be contacted directly by us.

V. Terms of use / Termination

  1. Scope of the terms of use
    The use of the service offered by biz4d as well as the membership of the platform is governed by the terms of use indicated below. The terms of use are part of the terms and conditions. Biz4d reserves the right to change and complement the terms and conditions at any time.

  2. According to these terms of use, it is prohibited / not suitable to:

    • Ask for money or give people money.

    • Ask your mentee to carry out work for the mentor.

    • Feel superior, disrespectful and/or impose oneself.

    • Establish an inappropriate/romantic relationship with mentor or mentee.

    • Ask for personal and confidential documents (credit card information, passport, personal identification).

    • Fail to stay true to your commitment. Both parties must respect the mentoring agreement made at the beginning of the programme. As a mentor you must ensure the minimum number of sessions required by the programme (7 sessions minimum lasting between 45 minutes and 2 hours each). Mentees have not the right to require a specific number of sessions or extra time, if those are already above the minimum requirements. As well, a code of behaviour including punctuality, observation of deadlines and compliance of further agreements has to be taken into account.

    • Disclose any personal or business information or data of your mentor / mentee without prior consent of the mentor / mentee.

    • Use the platform for any other than the designated purposes indicated in these terms and conditions.

    • Use the platform to undertake any business, which is contrary to any laws or honest business practices.

    • Breach these terms and conditions with provable intent and/or gross negligence.

    • Provided incorrect information in the registration with provable intent and/or gross negligence.

    • Use the platform for the purpose of competition to this platform.

  3. Copyright provisions
    The copyright as well as any other rights in any information published on the platform are protected by law and are fully reserved. Any copying, dissemination, exhibition, representation or other use of the platform or its contents is prohibited unless prior agreement of biz4d has been given in a written form.
    The marking rights and trademarks placed on and/or used for the platform are subject to statutory protection. They may not be modified or used or otherwise utilized without the appropriate approval.

  4. Mentors and mentees alike shall notify biz4d without delay of any unfair business practices applied by other members of the platform, which they become aware of when using the platform.

  5. Breach of terms of use / Termination of the membership
    Breach of these rules will entail the right to use the platform and lead to a terminaton of the membership. There is no claim to any refund of paid fees in the case of breach of these terms and conditions. The entitlements to damages of an aggrieved mentee / mentor are not being affected by the exclusion of the other party from the platform.

VI. Links and other third party contents

Where the website references other websites or includes links to other websites members have to be aware that they are operated by third parties and qualify as third party contents which biz4d expressly does not adopt as its own and on which biz4d has no influence. Biz4d shall not be held responsible for the contents of these third party websites. In general, no liability is assumed for any such third party contents.

We encourage our users to be aware when they leave our website and to read the privacy statements of third party websites. Users should evaluate the security and trustworthiness of such third party websites accessed through the biz4d website, before disclosing any personal information to them. Biz4d will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

VII. Liability

  1. Biz4d shall only be liable for intent and gross negligence as well as for breaches of an essential contractual obligation (major obligation). If a major obligation is breached by slight negligence, the liability of biz4d shall be limited to damage foreseeable at the time of conclusion of the contract and typical for the contract. Biz4d shall not be liable for breaches by slight negligence of any accessory obligations, which are not major obligations. Biz4d shall be liable for cases of initial impossibility of performance only if biz4d was aware, or not aware due to gross negligence, of the circumstance preventing performance, unless it is question of a major obligation.

    The above exclusions of liability shall not apply in the case of fraudulent concealment of defects, or if a warranty as to quality has been assumed, to liability based on the Product Liability Act, or in the case of personal injuries (life, limb, health). This shall not entail a change of the burden of proof to members’ disadvantage.
    Where the liability of biz4d is excluded or limited, such exclusion or limitation also applies to the personal liability of the staff, employees, representatives and vicarious agents of biz4d.

  2. Mentors and mentees alike agree to indemnify biz4d in the case of faulty contents of the information provided and/or unlawful acts. In particular, this applies to claims based on copyright infringements, data protection violations, trademark infringements and acts of unfair competition.

  3. Biz4d assumes no warranty or guarantee, whether expressly or tacitly, for both mentors and mentees commitment to the programme, ways of approaching the new relationship in terms of expectations, communication style and points of view, quality of expertise, or adherence to the mentoring agreement between each mentor and mentee, and shall no be held liable for any resulting losses or disadvantages. We kindly advise you to make your decision in a pondered way when choosing your mentor or your mentee. Mentoring is not to be taken as a form of legal advice, we recommend to consult also external specialists, e.g. lawyers, prior to any business decision.

VIII. Data protection

Biz4d shall comply with the provisions of data protection of the BDSG (German Federal Data Protection Act) and the TDDSG (German Teleservices Data Protection Act) in the collection, exploitation and transfer of personal data:

  1. The statutory requirements

  • Members’ data are processed in accordance with the requirements of teleservices data protection. Accordingly, biz4d has the right to use personal data for the purpose of processing, communicating and helping its members to find the more suitable mentors or mentees for them. Data will be processed and used only while members will be registered with the platform.

  • For purposes of advertising, market research and for the customized design of its services, biz4d may use information of its members only upon explicit agreement of the members concerned.

  1. Data protection at biz4d

i. Data processing
When both mentors and mentees apply for registration, their first name, last name, user-name and email address are requested. Some more data will be requested during the completion of the personal profile. These data will be used for the following purposes:

  • helping you find the best mentor or mentee and for communicating with you.
  • transferring the data to third parties only if needed for the technical, operational implementation of the programme or if required by the law. In no case, paid or unpaid, will biz4d transfer personal data to third parties for their own marketing purposes.

ii. Cookies
Cookies may be used on the platform which the browser will store on the members’ computer. Cookies will be used to store information (including, for example, the settings of a PC) to facilitate future visits to the platform. This information includes neither names nor addresses nor any other personal data. The browser can be set up so no cookies are accepted when the platform is visited. Should members opt against cookies, however, they may not be able to make use of all the possibilities offered by the platform or be denied access to certain parts of the platform.

iii. Transfer of data to non-EU countries
For technical and operational reasons, it may be required to transfer members’ data to (the servers of) companies cooperating or affiliated with biz4d, which are situated in Europe or other countries outside Europe, and whose data protection requirements may not offer the same level of protection as in the European Union. However, biz4d shall at all times take the appropriate measures to ensure optimum protection of the data.

iv. Viewing and correction of data
If members would like to view the data biz4d has stored about them, they are requested to contact the biz4d team (welcome@biz4d.com). Should members like to amend any of their data, they can do it at all time by accessing their biz4d account.

v. Amendments
This data protection statement remains subject to amendment. Amendments, if any, will be published on the platform.

IX. Miscellaneous

  1. The use of the platform shall be governed exclusively by the laws of Germany with the exclusion of the UN Sales Convention. Place of jurisdiction is Frankfurt am Main.

  2. Provided members are persons not domiciled in Germany, the place of jurisdiction shall be the domicile of biz4d. However, biz4d shall have the right to sue third parties at any other legally admissible place of jurisdiction.

  3. If any of the above provisions of these terms and conditions are held to be or become, wholly or partially, invalid, nothing in this shall prejudice the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision. The same applies in the case of any regulatory gaps in these terms and conditions.